Houchen v. Oregon-Washington Railroad & Navigation Co.

Citations

• 103 Wash. 598
• 175 P. 316
• 1918 Wash. LEXIS 1137

Syllabus

<p>Pleading- — -Damages — Waiver of Objections. A complaint demanding general damages from tbe sinking of a pile-driver, not moved against for not being more specific, covers sucb damages as were tbe necessary and direct result of tbe sinking.</p> <p>Collision — Damages — Measure of Damages — Injury to PileDkiver. Tbe elements of tbe measure of damages for the sinking of a pile-driver that could not be procured on tbe market at any time, are tbe replacing it in, condition so far as possible, coupled with depreciation in value and tbe loss of use, if any, wbieb includes tbe cost of raising and repairing, etc., tbe total recovery not to exceed tbe value at tbe time and place of tbe accident.</p> <p>Collision — Negligence—Right of Navigation — Instructions. In an action for damages from a collision when a steamboat ran into a pile-driver anchored near fish traps, an instruction that tbe right of navigation with, reasonable regard to the rights of others is paramount to any other use of navigable waters, is properly given; and it is proper to refuse a requested instruction that the right to construct fish traps is subordinate at all times to the superior right of navigation and that steamboats may operate over any water of sufficient depth provided they act without wantonness or malice.</p> <p>Same' — - Contributory Negligence — Failure to Carry Light — Trial — Instructions. Under Fed. Stat. Ann. 158, requiring vessels at anchor to carry a light, upon an issue as to whether a light was carried by defendant’s pile-driver at anchor when struck by a steamboat, plaintiff is entitled to an instruction that it would be negligence per se not to carry a light.</p> <p>Same — Negligence—Presumptions — Instructions. In an action for damages from collision when a steamboat ran into a pile-driver at anchor, the jury should be instructed that there is a presumption of law that it was the fault of the vessel in motion unless the pile-driver was not anchored in a proper place or not sh